Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue?

Faturoti, Bukola; Agbaitoro, Godswill; Onya, Obinna

Abstract

The case of Jonah Gbemre v. Shell Petroleum Development Company of Nigeria Limited made an historic deviation from the usual trend of seeking for monetary compensation by host communities in oil rich regions in Nigeria. Rather, it seeks to correct regulatory shortcomings which were upheld by the court but was never enforced. This article argues that the failure to enforce the judgment of the court is a missed opportunity to strengthen the environmental regulatory framework in the Nigerian oil and gas industry. It further argues that if the judgment had been enforced, it could have contributed to the reduction of the militant activities in the region and also encourages a significant change in the pattern of redress sought by litigants whose communities have been affected by the operations of oil Multinational Corporations in the region.

Citation

FATUROTI, B., AGBAITORO, G. and ONYA, O. 2019. Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? African journal of international and comparative law [online], 27(2), pages 225-245. Available from: https://doi.org/10.3366/ajicl.2019.0270

• Journal Article Type: Article
• Acceptance Date: Oct 22, 2018
• Online Publication Date: May 31, 2019
• Publication Date: Aug 31, 2019
• Deposit Date: Oct 23, 2018
• Publicly Available Date: Oct 23, 2018
• Journal: African journal of international and comparative law
• Print ISSN: 0954-8890
• Electronic ISSN: 1755-1609
• Publisher: Edinburgh University Press
• Peer Reviewed: Peer Reviewed
• Volume: 27
• Issue: 2
• Pages: 225-245
• DOI: https://doi.org/10.3366/ajicl.2019.0270
• Keywords: Environmental degradation; Environmental protection; Oil and gas operations; Nigeria; Oil and gas industry
• Public URL: http://hdl.handle.net/10059/3189
• Contract Date: Oct 23, 2018